Common use of Intent and Interpretation Clause in Contracts

Intent and Interpretation. With respect to the intent and interpretation of this Contract, the County and the Contractor agree as follows: I. This Contract constitutes the entire and exclusive agreements between the parties with reference to the service, and said Contract supersedes any and all prior discussions, communications, representations, understanding, negotiations, or agreement. II. Anything that may be required, implied or reasonably inferred by the documents which make up this Contract, or any one or more of them, shall be provided by the Contractor for the stated Contract Rates. III. Nothing contained in this Contract shall create, nor be interpreted to create, or any other relationship whatsoever between the County and any person except the Contractor. IV. When a word, term or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to it’s generally accepted industry meaning; and third if there is no generally accepted industry meaning, according to its common and customary usage. V. The words “include,” “includes,” and “including,” as used in this Contract, shall be deemed to be followed by the phrase, “without limitation”. VI. The listing herein of any items as constituting a material breach of this Contract shall not imply that any other non-listed item will not constitute a material breach of this Contract. VII. In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control: a. As between this document and the scope of services or specifications, this document shall govern. b. In the case of any conflict, discrepancy or inconsistency among any of the other Contract documents, the Contractor shall notify the County immediately upon discovery of the same.

Intent and Interpretation. With respect to the 1.5.1 The intent and interpretation of this ContractContract is to require complete, correct and timely execution of the County and the Contractor agree as follows: I. This Contract constitutes the entire and exclusive agreements between the parties with reference to the service, and said Contract supersedes any and all prior discussions, communications, representations, understanding, negotiations, or agreement. IIWork. Anything Any Work that may be required, implied or reasonably inferred by the documents which make up this ContractContract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the stated Contract RatesPrice. As used herein, the term “project” shall be inclusive of any Work. III. Nothing contained in this 1.5.2 This Contract is intended to be an integral whole and shall create, nor be interpreted to create, or as internally consistent. What is required by any other relationship whatsoever between one Contract Document shall be considered as required by the County and any person except the ContractorContract. IV. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed construed, first, as defined herein; second, if not defined, according to it’s its generally accepted industry meaningmeaning in the construction industry; and third third, if there is no generally accepted industry meaningmeaning in the construction industry, according to its common and customary usage. V. 1.5.4 The words “"include,” “", "includes,” and “", or "including,” ", as used in this Contract, shall be deemed to be followed by the phrase, “"without limitation”". VI1.5.5 The word “allowance” as used in this Contract shall mean the amount budgeted for an item and shall not be interpreted or construed as an agreement by the City to pay the budgeted amount. Any amounts to be paid for those items identified as an allowance shall only be issued with the prior written approval of the City. It is further understood by the Contractor that the allowance is inclusive of overhead. 1.5.6 The listing specification herein of any items act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other other, non-listed item will specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. VII. In 1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the event context of their usage clearly requires a contrary meaning. 1.5.8 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, and shall give written notice to the City of any conflictinconsistency, discrepancyambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or inconsistency among any the express or implied approval by the City, the City’s Representative, or the City’s Consultant Architect of the documents which make up Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The City has requested the City’s Consultant Architect to only prepare documents for the Project, including the following shall control: a. As between this document Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the scope of services or specifications, this document shall govern. b. In the case of any conflict, discrepancy or inconsistency among any of the other Contract documentsexecution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the City concerning such documents as no such representation or warranties have been or are hereby made. The Contractor further acknowledges and represents that it has made a thorough and careful examination and inspection of existing surface conditions on the Project site, and the Contractor expressly acknowledges and agrees that it shall notify the County immediately upon discovery make no claim for additional compensation due to existing site conditions including, but not limited to, rock, surface and subsurface water, existing structures, and deficient soil, provided said conditions could be determined or ascertained from a thorough and careful examination and inspection of the samesite.